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Privacy Supervisors vote may not be with Privacy Shield Agreement

Apr

9

2016

Leaked documents originating from a number of German members of the Article 29 Working Party, suggest that the consultative body of the European data protection authorities will not comply with the Privacy Shield agreement. This recently replaced the ineffective Safe Harbour scheme.

The documents, which earlier in a blog published but now removed are seen by Ars Technica. The site writes that out of it shows that the Article 29 Working Party “is not yet in a position to confirm that the Privacy Shield equal protection guarantees in the US and the EU.” This is problematic because the new agreement is precisely to make sure that there is an equivalent level of protection. If not, the Court may decide again that the agreement is invalid, as happened with the previous Safe Hourbour scheme.

Another passage describes the leaked documents that no conclusion is possible on the Privacy Shield, as they may have some influence aspects of the agreement relating to national security on the validity of ways to store personal data in the US. However, it is unclear what aspects or ways this is meant.

A negative opinion of the Article 29 Working Party is not the end of the Privacy Shield, because the consent of the institution is not required for the adoption of the agreement. Therefore, data protection authorities are already mentioned in the documents that they will support lawsuits contesting the validity of the Privacy Shield, the agreement in spite of their advice might still be adopted.

Privacy Shield is the successor to the Safe Harbour scheme declared by the European Court invalidated, which companies could store personal data of EU citizens in the USA. The draft text of the new agreement was the end of February presented . The Article 29 Working Party has spoken in the past two days on the proposal and will probably come up with an official position.